Court of Protection authorises high-risk surgery and post-operative mechanical ventilation in intensive care for young adult lacking capacity (RS, Re (Best Interests: Surgery and Intensive Care))
Private Client analysis: The Court of Protection authorised high-risk spinal surgery and prolonged elective ventilation for an 18-year-old lacking capacity, confirming that such treatment was in his best interests under the Mental Capacity Act 2005 (MCA 2005). Mr Justice Poole applied Aintree University Hospitals NHS Foundation Trust v James, weighing the grave surgical and post-operative risks against the substantial benefits of improved mobility, comfort, and life expectancy. The judgment underscores the court’s role in objectively resolving finely balanced medical treatment decisions, providing assurance to clinicians and families while clarifying that elective intensive care may, in exceptional cases, be justified for patients with profound disabilities. Practical implications written by Victoria Butler-Cole KC of 39 Essex Chambers.